Legal Question in Wills and Trusts in Florida

Re: No probate, bills due, selling property

If the condo was owned by your mother in law and was titled in her name, probate will be required before you sell the property. Without a probate Court order, there will be no one with authority to sign a deed that transfers ownership from the deceased. If by bills you mean mortgage payments or condo association fees, you would not want to ignore them as they my foreclose on the condo before you can sell it. I suggest you talk to an attorney. Feel free to call me or send me an email.

Re: No probate, bills due, selling property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the property was only in your mother in law's name, a probate will be required if only to determine that it was her homestead. Bills that are coming in will have to be paid or they could become liens which delay the closing. All obligations of the ownership of the unit including maintenance, taxes, insurance (if any) and the mortgage, should be kept current.

You should consult the attorney who will be representing you in the transaction to discuss what you need to do in order to ensure an orderly sale of the condominium.

Scott R. Jay, Esq.